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Don't forget about 1031 exchanges! If you're planning to buy another investment property, you might be able to defer ALL of your capital gains and depreciation recapture taxes. I've done this twice now with rental properties. The rules are strict though - you need an intermediary to hold the funds, identify potential replacement properties within 45 days, and complete the purchase within 180 days. But it can be a huge tax saver if you're just planning to roll the money into another investment property anyway.

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This is really interesting, but I'm actually trying to exit the landlord game completely. The tenants I've had the last few years have been really difficult and I'm just tired of the maintenance headaches. Was hoping to just pay the tax bill and be done with it. Is there any partial 1031 option where I could defer some but not all of the gain?

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Unfortunately, there's no partial 1031 exchange option in the way you're describing. It's generally an all-or-nothing approach. You either exchange the full property or you don't qualify for the tax deferral. You could potentially do a 1031 exchange into a different type of investment property that requires less hands-on management, like a commercial property with a triple-net lease or certain types of investment funds that qualify as "like-kind" exchanges. Some people move from direct ownership to a DST (Delaware Statutory Trust) that still qualifies as real estate for 1031 purposes but operates more like a passive investment.

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Aisha Khan

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Make sure you're tracking your "selling expenses" separately from your "closing costs" - they're treated a bit differently for tax purposes. Selling expenses (like real estate commissions, advertising, legal fees directly related to the sale) directly reduce your capital gain. Also, don't forget that if you owned and lived in the property as your primary residence for at least 2 of the 5 years before selling, you might qualify for a partial exclusion of capital gains ($250k for single, $500k for married filing jointly) even though it was a rental at the end! This depends on when you converted it from primary residence to rental.

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Ethan Taylor

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Wait, I thought once you convert to a rental property you lose the primary residence exclusion completely? Are you saying you can still get part of that $250k/$500k exclusion if you lived there before renting it out?

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Luca Ricci

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Yes, you can still get a partial exclusion! The IRS allows you to prorate the exclusion based on how long you used it as a primary residence versus rental property. So if you lived in it for 4 years and rented it for 3 years, you could exclude 4/7ths of your gain up to the $250k/$500k limit. However, there's a catch - any depreciation you claimed after May 6, 1997 reduces your exclusion dollar-for-dollar. This is called the "non-qualifying use" rule and it can get pretty complex depending on when you converted the property. Definitely worth consulting a tax pro if this applies to your situation!

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Amara Okafor

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I'm sorry for your loss, Liam. Based on your situation, here are a few additional considerations that might help: Since you're dealing with a $175k distribution, make sure to ask the 401k administrator for a detailed breakdown of the account. Some plans have both pre-tax and Roth components, and the tax treatment differs for each portion. The Roth portion (if any) would have already been taxed and wouldn't be taxable again to the estate or beneficiaries. Also, given the substantial amount involved, you might want to consider whether the estate should make quarterly estimated tax payments once you receive the distribution. If you're planning to distribute the funds to beneficiaries quickly, this becomes less of an issue since the tax liability passes through via K-1s. But if there's any delay in distributions, the estate could face underpayment penalties. One practical tip: when you do distribute the funds to yourself and your sister, document everything clearly. Create a simple distribution statement showing the date, amount, and purpose (e.g., "Distribution of 401k proceeds per estate plan - 50% to each beneficiary"). This documentation will be crucial when preparing the estate's 1041 and the beneficiary K-1s. The IRS is particularly attentive to large retirement distributions, so having clean, well-documented records from the start will make the filing process much smoother and reduce the chance of any follow-up questions.

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Carmen Lopez

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This is really helpful advice about checking for Roth components, Amara. I hadn't considered that the 401k might have both pre-tax and Roth portions with different tax treatments. One thing I'm wondering about - when you mention documenting distributions clearly, should I also keep records of how we determined the 50/50 split? We're the only two heirs and my dad didn't have a will, so we're following state intestacy laws, but I want to make sure that's properly documented for the IRS. Also, regarding the quarterly estimated payments - if we receive the 401k distribution in, say, March and then distribute it to ourselves by April, would the estate still need to make estimated payments? Or would the quick turnaround mean the tax liability passes through to us fast enough that we handle it on our personal returns instead? I really appreciate everyone's advice here. This is definitely more complex than I initially realized, but having a clear roadmap makes it feel much more manageable.

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Ethan Brown

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Great questions, Carmen! For the 50/50 split documentation, yes, you should definitely keep records showing the basis for your distribution. Since there's no will and you're following intestacy laws, I'd recommend getting a simple letter from the probate attorney (if you're using one) or even a one-page summary referencing your state's intestacy statute that shows you and your sister as the sole heirs entitled to equal shares. This creates a clear paper trail for the IRS. Regarding estimated payments with a quick turnaround - if you receive the distribution in March and distribute it by April, the estate would likely not need to make quarterly estimated payments since the income and corresponding tax liability pass through to you and your sister so quickly. The estate gets the distribution deduction in the same tax year, which should minimize or eliminate its tax liability. However, you and your sister would then need to consider estimated payments on your personal returns, since you'll each have around $70k of additional taxable income (assuming no basis in the 401k). If either of you typically gets refunds or has minimal tax liability, this could create a significant balance due situation that might require estimated payments to avoid underpayment penalties. The key is coordinating the timing so everything flows cleanly through the estate to you as beneficiaries within the same tax period.

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Sorry for your loss, Liam. This thread has really covered the key points well, but I wanted to add one thing that might save you some headaches - make sure to get a copy of your dad's final pay stub or W-2 from his employer if he was still working when he passed. Sometimes employers have their own retirement contributions or deferred compensation that gets paid out separately from the 401k, and you want to make sure you're accounting for all retirement-related income that might flow to the estate. I've seen situations where families focused on the big 401k distribution but missed smaller amounts that still needed to be reported. Also, if your dad had multiple 401k accounts from different employers over the years, double-check that this is the only one. It's surprisingly common for people to have old 401k accounts they forgot about, especially if they rolled some money but left a small balance behind at a previous employer. The good news is you're being thorough upfront, which will make the whole process much smoother. With proper documentation and the estate 1041 filing, this should all flow through to you and your sister cleanly via the K-1s.

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This is exactly the kind of detailed guidance that's been missing from this discussion! Thank you for breaking down each code type with the specific treaty considerations. I'm particularly interested in your mention of Form 8833 for treaty elections. Could you elaborate on when this is required versus optional? I've seen some sources suggest it's only needed for certain treaty positions, while others seem to indicate it's always required when claiming treaty benefits. Also, regarding the separation of income categories for Form 1116 - how do you determine whether Canadian pension income falls into "passive" versus "general" income categories? I assume Old Age Security would be passive, but what about employer-sponsored pensions or RRSPs? One more question: you mentioned attaching a statement explaining treaty positions. Do you have any recommendations for what should be included in such a statement, or is there a specific format the IRS prefers? Your approach of consulting with a cross-border specialist seems like it was worth the investment given how much conflicting information is out there on these issues.

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Cole Roush

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Great questions! I'm still learning about all these international tax nuances myself, but I'll share what I've picked up from dealing with similar situations. From what I understand, Form 8833 is required when you're taking a treaty position that would otherwise result in a lower tax than what the Code would impose. So for Old Age Security under Article XVIII, if you're claiming it's only taxable in your residence country, you'd likely need Form 8833. But honestly, the rules around when it's "required" versus just a good idea seem pretty murky. For the passive vs. general income categories on Form 1116, I think most pension income (including employer pensions and RRSP distributions) would typically be passive income. The distinction usually comes down to whether you had active involvement in generating the income. But this is one of those areas where I'd really want to double-check with a professional. As for the statement format, I don't think there's a specific IRS template, but I'd imagine it should clearly identify which treaty article you're relying on and briefly explain how it applies to your specific income. Something like "Canadian Old Age Security reported pursuant to Article XVIII of the US-Canada Tax Treaty." Has anyone else here had experience with Form 8833 filings? I'm curious if there are common mistakes to avoid when claiming treaty positions.

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I've been dealing with NR4 forms for several years now and want to clarify some of the confusion in this thread. The conflicting advice you're seeing is actually pretty common with international tax issues because there are often multiple "correct" approaches depending on your specific situation. Here's what I've learned from my experience and consultations with tax professionals: **The key factor is the US-Canada Tax Treaty provisions, which can override normal US tax reporting rules.** For **Code 39 (Pension)**: The reporting depends on whether it's a private pension or government pension. Private pensions are generally fully taxable in the US and can go on Line 5a of Form 1040. Government pensions may qualify for treaty benefits under Article XIX. For **Code 44 (Old Age Security)**: This is specifically addressed in Article XVIII of the treaty. As a US resident, you include it in your US taxable income, but you may be able to claim treaty benefits if Canadian tax was withheld. For **Code 46 (Other Income)**: This typically goes on Schedule 1 as "Other Income" unless it fits into a more specific category. **Important:** Always file Form 1116 for foreign tax credits on any Canadian taxes withheld. The income categorization (passive vs. general) on Form 1116 is crucial for maximizing your foreign tax credit. One thing I haven't seen mentioned yet is that if you have significant Canadian income, you might also need to consider whether you meet the threshold for filing Form 8938 (FATCA) or FinCEN Form 114 (FBAR) depending on your other Canadian financial accounts. My recommendation: Start with the conservative approach (reporting everything as "Other Income" on Schedule 1) and then consider whether treaty elections might provide additional benefits. Document your positions clearly in case of IRS questions.

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This is incredibly helpful! I'm new to dealing with cross-border tax issues and the amount of conflicting information online has been overwhelming. Your breakdown of the different approaches based on pension type makes a lot more sense now. I have a follow-up question about the FATCA and FBAR reporting you mentioned. How do you determine if NR4 income puts you over the threshold? Is it based on the total amount of the NR4 payments themselves, or do you need to have actual Canadian bank accounts or investments that exceed the reporting thresholds? Also, when you mention starting with the "conservative approach" of reporting everything as Other Income on Schedule 1, would you still need to file Form 8833 for treaty positions in that case, or does the conservative approach avoid the need for treaty elections altogether? I'm trying to decide whether to tackle this myself or bite the bullet and hire a cross-border tax specialist. The costs add up quickly, but so do the potential penalties for getting international tax reporting wrong!

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Axel Far

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As someone who's been preparing S-Corp returns for several years, I wanted to add a practical tip that might help with your Schedule L balancing act. When you're working through the equity side of Schedule L, it's helpful to think of it in terms of "what happened to the company's money." Your business earned $135,000, but $52,000 went to pay the officer (which reduces the earnings available to retain), and $26,000 was distributed to the shareholder. That leaves $57,000 that stayed in the company - hence the increase to Retained Earnings. One thing I always double-check is making sure the K-1 ordinary income ties back to the 1120-S net income after all deductions (including that officer compensation). In your case, the K-1 Line 1 should show $83,000 ($135,000 - $52,000) assuming no other deductions. Also, keep detailed documentation of that $52,000 officer salary justification. The IRS has been increasingly aggressive about challenging "unreasonable compensation" in S-Corps, especially when distributions are involved. Document the officer's duties, hours worked, industry salary surveys, and any other factors that support the reasonableness of the compensation amount. Good luck with your first 1120-S - it gets easier once you understand how all the pieces fit together!

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Sean Kelly

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This is incredibly helpful, especially the tip about thinking of Schedule L in terms of "what happened to the company's money" - that really clarifies the logic behind the entries! Your point about the K-1 Line 1 showing $83,000 makes perfect sense now that I understand the officer compensation is already deducted from ordinary income. I'm definitely taking your advice about documenting the officer salary justification seriously. I've been reading about some recent IRS cases where they've reclassified distributions as wages, and the penalties can be brutal. Do you have any specific resources or industry salary databases you'd recommend for benchmarking reasonable compensation? I want to make sure I'm using credible sources that would hold up under scrutiny. Also, one quick clarification - when you mention the K-1 ordinary income should tie back to 1120-S net income, are you referring to Line 21 (ordinary business income) on the 1120-S? I want to make sure I'm cross-checking the right lines between the forms. Thanks for the encouragement about it getting easier - as a newcomer to S-Corp taxation, it definitely feels overwhelming at first, but posts like yours are helping me see how the big picture fits together!

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Yes, you're exactly right - I'm referring to Line 21 (ordinary business income/loss) on the 1120-S. That's the line that should match the K-1 Line 1 amounts for all shareholders combined. For reasonable compensation benchmarking, I typically use a combination of sources: Bureau of Labor Statistics (BLS.gov) for general salary data, PayScale or Salary.com for more specific roles, and industry-specific surveys when available. The key is using multiple sources and documenting your methodology. I also look at actual job postings for similar positions in the same geographic area - sometimes those are more current than survey data. For documentation, I create a simple memo that includes: job description/duties, hours worked, education/experience level, geographic location, industry type, company size, and then show 2-3 salary sources with ranges. This creates a defensible position if questioned. One more tip: if this is a single-shareholder S-Corp, remember that 100% of the ordinary income flows to that one K-1, but if there are multiple shareholders, the $83,000 gets allocated based on ownership percentages. Just want to make sure that's clear since it can affect your Schedule L cross-checks. You're asking all the right questions - that attention to detail will serve you well in S-Corp taxation!

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This thread has been incredibly educational! As someone just starting to handle S-Corp returns, I'm amazed by how many interconnected pieces there are. The explanations about Schedule L and how the cash flow translates to retained earnings finally made it click for me. One thing I'm still wrapping my head around - if the business had taken out a loan during the year (say $20,000), would that appear as an increase in both cash and liabilities on Schedule L, without affecting the retained earnings calculation at all? I want to make sure I understand how financing transactions are treated differently from operational results. Also, reading about all the reasonable compensation documentation requirements is making me realize I need to be much more proactive about this with my S-Corp clients. It sounds like waiting until an audit to gather this information would be too late. Better to build these justification files from the start of each engagement. Thanks to everyone who contributed - this is exactly the kind of real-world guidance that helps bridge the gap between textbook knowledge and actual practice!

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Quick tip from someone who messed this up their first job: you can always submit a new W-4 later in the year if you realize you made a mistake! I filled mine out wrong and was having wayyy too much withheld from each check. Fixed it in July and had proper withholding for the rest of the year.

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This is so important! I wish I'd known this my first year working. I had almost nothing withheld and got hit with a huge tax bill. Check your first few paystubs to make sure the withholding looks reasonable - should be roughly 12-22% of your income depending on your total annual salary.

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Hey Omar! Congrats on landing your first job! šŸŽ‰ Since you mentioned you're 22, single, and this is your only job with no dependents, you're actually in one of the simplest W-4 situations. Here's what I'd recommend: 1. **Fill out Step 1** with your basic info (name, address, SSN, filing status as "Single") 2. **Skip Steps 2-4** entirely since you only have one job and no dependents 3. **Sign and date Step 5** That's it! This will give you standard withholding that should be pretty close to what you'll owe. You might get a small refund or owe a little, but nothing dramatic. One thing to watch for: when you get your first few paychecks, look at how much federal tax is being withheld. It should be roughly 12-15% of your gross pay for your income level. If it seems way off, you can always submit a new W-4 to adjust it. The IRS also has a withholding calculator on their website (irs.gov) that you can use mid-year to check if you're on track. Don't stress too much - you've got this! And remember, you can always adjust later if needed.

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This is really helpful advice! I'm also starting my first job soon (similar situation - 23, single, no dependents) and was wondering about the same thing. Quick question though - you mentioned checking that 12-15% is being withheld, but how do I know if that's actually the right amount for my specific salary? Is there a way to calculate what percentage should be withheld, or do I just have to wait and see what happens at tax time? Also, does the state I live in affect the federal withholding percentage, or is that completely separate?

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